DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims correspondence
Instant application
21-40
Patent 12167069
1-20
Claims 21-40 and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12167069. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are just broader version of the claims of Patent 1051881.
Instant application
Claim 21
Patent 12167069
Claim 1
An instructor device communicatively coupled to a server, instructor device comprising.
An instructor device communicatively coupled to a server, instructor device comprising:
a memory;
One or more processors configured to receive program code, the program code causing the processor to:
a memory;
one or more processors configured to receive program code, the program code causing the one or more processors to:
receive location information from the server associated with a user device, the location information characterizing a location of the user device;
present visual content defined by location information associated with a user device, the visual content being transmitted to the instructor device from the user device;
present visual content defined by the location information, the visual content being transmitted to the instructor device from the user device;
receive input from an instructor user defining an instruction associated with the visual content, the instruction comprising a dynamic object indicating how to perform the instruction, wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction, and
receive input from an instructor user defining an instruction associated with the visual content, the instruction comprising a dynamic object indicating how to perform the instruction, wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction; and
transmit the instruction to the server to present on the user device
transmit the instruction to the server to present on the user device by overlaying the dynamic object on the visual content.
Claims correspondence
Instant application
21,32
22-31, 33-40
Patent 11503363
1
2-18
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11503363. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of instant application are just broader version of the claims of Patent 11503363.
Instant application
Claim 21
Patent 11503363
Claim 1
An instructor device communicatively coupled to a server, instructor device comprising.
A system for remotely communicating instructions, the system comprising:
: a memory; a processor configured to receive instructions, the instructions causing the processor to:
the system comprising: a server communicatively coupled to a first user device and an instructor device, the server, the first user device, and the instructor device individually comprising a memory and a processor, the server configured to
present visual content defined by location information associated with a user device, the visual content being transmitted to the instructor device from the user device;
receive visual content captured by the first user device; transmit at least a portion of the captured visual content to the instructor device, the instructor device configured to present the visual content within an instructor interface and
receive input from an instructor user defining an instruction associated with the visual content, the instruction comprising a dynamic object indicating how to perform the instruction, wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction, and
and transmit at least a portion of the instruction information to the first user device, the first user device configured to present a dynamic object corresponding to the instruction as an overlay on top of at least a portion of the visual content within a first learner interface based on the received instruction information; wherein the dynamic object indicates how to perform the instruction, and wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction.
transmit the instruction to the server to present on the user device
receive instruction information corresponding to the instruction associated with the visual content from the instructor device;
Allowable Subject Matter
Claims 21-40 are allowed over prior art.
The following is an examiner’s statement of reasons for allowance:
Independent claim 32 is allowable over prior art because, Ahmad ( US Patent: 9298884, “Ahmad”).discloses, An instructor device (Fig. 1 element 170 ) communicatively coupled to a server(Fig. 1element 120 ) , instructor device comprising:
A memory; one or more processors configured to receive program code, the program code causing the one or more processors to: (Column 2 Lines 39 to 66 and Refer to Fig. 1 server, element 120; having processor element 611 and memory 610, the user device having a computer and memory ( as each computer have its own processor and memory, As “ Electronic health records may be stored at local site 110, remote site 130, or any other suitable location” so each of user device and instructor device has memory, “ Column 13 Lines 45-55: “The techniques described above may be implemented in hardware, in software, or a combination of hardware and software. The choice of implementing any portion of the above techniques in hardware or software may depend on the requirements of a particular implementation. A software module or program code may reside in volatile memory, nonvolatile memory, RAM, flash memory, ROM, EPROM, or any other form of a non-transitory computer-readable storage medium.” )
present visual content defined by the location information, the visual content being transmitted to the instructor device from the user device; Column 2 Lines 6-25, server receives the instruction video, Server sends the instructor video to the local doctor) and
receive input from an instructor user defining an instruction associated with the visual content; ( Column 2 Lines 6-25 Column 2 Lines 6-25, server receives the instruction video,)
receive input from an instructor user defining an instruction associated with the visual content, the instruction comprising a dynamic object indicating how to perform the instruction, (; Column 2 lines 6-25 presents the instructor video on top of patient image. “The local doctor may be able to view the instructions superimposed on a live video of the patient and then perform the incision.”) but fails to expressly teach, wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction
Allwrite et al. (US patent publication: 20100118350, “Allwrite”) teach, display a segmentation option to segment the presentation of the instruction into multiple parts on an instructor interface..(Allwrite [0010] and Fig.2 discloses upon selection of the function for segmenting the document by activating the touch control 12, The user interface displays the screen shown in FIG. 2.”)
Matsui et al. (US patent publication: 20140025206, “Matsui”) teaches, display a change option to change the instruction on an instructor interface, wherein the instructor device is configured to facilitate communicating the change to the user device. ([Matsui [0040] discloses, a method of managing a drug mixing preparation process includes obtaining a mixed injection preparation instruction (e.g., a prescription) and displaying a screen for an operator (e.g., a nurse) to make changes to the preparation instruction and get approval from remote person whether this is okay or not. So there is exchange between user and remote person about a change.
Oikawa et al. ( US patent Publication: 20170308722, “Oikawa”) teaches, an interface includes an option to allow the instructor to interact with a visual representation of the item to define the instruction (Oikawa [0082] discloses a GUI so as to be capable of receiving, from the user, a selection of an option for each of at least one definition item among the usage purpose, the access type, and the access pattern (for example, the GUI includes a GUI component such as a radio button and thus teaches item option.)
The combination of prior arts fails to expressly teach, wherein a changing color of the dynamic object corresponds to a particular physical movement to be made to perform the instruction
Claim 32 is directed to a non-transitory computer readable medium and its elements are similar in scope and function of elements of the device claim 21 and therefore claim 32 is allowable for the same reason specified for allowance of claim 31..
Claims 22-31 and 33-40 are also allowable by virtue of dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tapas Mazumder whose telephone number is (571)270-7466. The examiner can normally be reached M-F 8:00 AM-5:00 PM PST.
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/TAPAS MAZUMDER/Primary Examiner, Art Unit 2615
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